Apartment Maintenance Disputes: What Residents Can Legally Challenge In Housing Societies

Residents across Mumbai, Pune and other cities are increasingly raising objections over sudden maintenance hikes, hidden charges and unfair billing practices in housing societies. Legal experts say flat owners have the right to question illegal or unexplained charges, but maintenance cannot be refused without proper legal grounds.

Maintenance disputes between flat owners and housing societies have become increasingly common. Many residents complain about sudden increases in maintenance bills, additional repair charges, tanker expenses and unexplained levies added without proper approval or transparency.

Under housing society laws and cooperative society regulations, maintenance charges are generally mandatory once a residential building becomes occupied and a housing association or society is formed. These payments are meant for maintaining common facilities such as lifts, water supply systems, security services, lighting and shared infrastructure.

However, legal experts say societies and builders cannot impose charges arbitrarily. Residents have the legal right to question maintenance demands if proper procedures are not followed or if the charges appear unfair.

Several common disputes arise when societies increase maintenance without approval from the general body, impose hidden charges not mentioned earlier, or use unfair billing calculations that affect some residents differently. Experts also point out that builders cannot impose full society-style maintenance before receiving an Occupancy Certificate (OC) unless it is legally justified and properly disclosed in agreements.

According to legal experts, maintenance charges remain valid only when they meet three important conditions simultaneously proper legal authority under RERA or society bye-laws, clear disclosure and approval of charges, and due process for revisions or increases.

Important Highlights Residents Should Know:

• Maintenance charges are generally mandatory once a housing society or apartment association is formed.
• Residents can legally challenge unfair, hidden or unexplained maintenance charges.
• Societies cannot increase maintenance charges without proper approval from the general body.
• Builders and RWAs must follow RERA rules, society bye-laws and legal procedures before imposing charges.
• Charges become questionable if there is no legal authority, no disclosure or no due process.
• Residents can object to inflated repair costs, tanker charges or unfair billing calculations.
• Full society-style maintenance before Occupancy Certificate (OC) may not always be legally valid.
• Courts have repeatedly stated that maintenance of common facilities is a collective responsibility of flat owners.
• Residents should not stop paying maintenance completely without legal grounds.
• Disputes can be raised before RERA authorities, Consumer Forums, Cooperative Courts or Society Registrars.

Consumer protection laws and cooperative housing regulations also allow residents to challenge hidden or arbitrary charges. In many cases, consumer forums and housing authorities have reportedly intervened against unilateral maintenance hikes and unfair pre-occupancy charges imposed without proper approval.

At the same time, experts caution that residents should not completely stop paying maintenance without valid legal reasons. Courts have repeatedly maintained that upkeep of common facilities is a collective responsibility shared by all apartment owners, regardless of whether the flat is occupied or vacant.

In rented apartments, the legal responsibility toward the housing society usually remains with the owner, while payment arrangements between tenant and landlord depend on the rental agreement signed between them.

Residents facing maintenance disputes can seek legal relief through cooperative society registrars, consumer commissions, RERA authorities, cooperative courts or civil courts, depending on the nature of the dispute.

Experts advise residents to maintain records of maintenance bills, society notices, payment receipts and meeting resolutions before filing any complaint or legal challenge.